Anvil Knitwear v. Crowley American Transport, Inc.
United States District Court for the Southern District of New York
2001 WL 856607 (2001)
Relevant factsFree
Crowley's (defendant) bill of lading with Anvil (plaintiff) waived liability for losses from thieves and hijackings — a category not among COGSA's enumerated exceptions — and the shipment was in fact stolen during a truck hijacking, with both parties agreeing Crowley's own driver wasn't involved in the theft; Crowley moved for summary judgment on Anvil's claim for the stolen shirts.
IssueFree
Whether a waiver of carrier liability for damages to goods within a bill of lading, where the waiver is not enumerated within COGSA, is effective only if there is no proof that the carrier was negligent.
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